Air Pollution Act 1987
Review of licences.
33. — (1) A local authority may review a licence under this Act at any time with the consent of the licensee, or at a time not less than three years from the date on which the licence was granted or, as the case may be, the date of the latest review of the licence.
(2) As soon as may be after they have completed a review under this section, a local authority may decide to grant pursuant to this Act a revised licence in substitution for the licence reviewed.
(3) Notwithstanding any other provision of this Act or any provision in a licence under this Act—
(a) such licence shall be reviewed by the local authority which granted it if—
(i) the local authority have reasonable grounds for believing that any emission from the industrial plant to which the licence relates constitutes a serious risk of air pollution, or
(ii) there has been a material change in the nature or the extent of the emission, or
(iii) there has been a material change, which could not have reasonably been foreseen when the licence was granted, in the air quality in the area in which the industrial plant to which the licence relates is situate, or
(iv) further and better evidence, which was not available when the licence was granted, has become available relating to a pollutant present in the emission concerned or the effects of such pollutant, or
(v) the licensee applies to the local authority concerned to review the licence;
(i) a relevant emission limit value is specified in regulations under section 51 in relation to any pollutant emitted from the industrial plant to which the licence relates, or
(ii) a relevant air quality standard is specified in regulations made under section 50 in relation to any pollutant emitted from the industrial plant to which the licence relates, or
(iii) a special control area order affecting any pollutant emitted from the industrial plant to which the licence relates comes into operation in relation to the area in which the industrial plant is situate, or
(iv) any directions are issued by the Minister specifying the best practicable means for the prevention or limitation of an emission to which the licence relates,
the local authority shall, as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence,
and subsection (2) shall apply to a review under this subsection.
(4) (a) The Minister may make regulations for the purpose of this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—
(i) the giving of notice by a local authority of their intention to review a licence,
(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period, and
(iii) requiring local authorities to publish any specified notices with respect to a decision to grant a revised licence.
(5) In the review of a licence under this section, a local authority shall have regard to—
(a) any change in air quality in their functional area, and
(b) the development of technical knowledge in relation to air pollution and the effect of pollutants.
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).